The Litigation Psychology Podcast - Episode 288 - The Science of Jury Research: Why Mock Trials Aren’t Enough

In this episode, Bill Kanasky, Jr., Ph.D. explains why most defense teams misuse jury research by relying solely on a single mock trial and skipping the exploratory phase required by the scientific method for validity and reliability. Bill breaks down how early focus groups are critical in revealing juror confusion, hidden vulnerabilities in your case, and dangerous misconceptions that mock trials are unable to uncover. He also emphasizes that early exploratory research can shape discovery, expert strategy, themes, and voir dire long before mediation or trial.

Bill warns that when defense teams skip this exploratory step, they enter mediation and trial preparation with major blind spots and lacking data while the plaintiff’s side often has extensive exploratory data and ammunition, which is particularly impactful with mediators. Bill closes by urging defense counsel to adopt a disciplined, phased research process that begins early with exploratory focus groups to reduce risk and improve litigation outcomes.